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1 22 13 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, January 22, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council.. Consent Items: Pages 1 -4 oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on January 22, 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol Council Members Bti , ConrK-s, L rlh, Re nk, Sh o; City Manager Van, NJi.11igen (via phone), City Attorney Lindahl Absent: t� Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. 1 CONSENT ITEMS Yays Nays V Sutton Braig Buol VConnors Connors V Jones Lynch Resnick 1. Minutes and Reports Submitted City Council proceedings of 1/7, Civil Service Commission of 1/14, Community Development Advisory Commission of 1/2, Historic Preservation Commission Education Task Force of 1/3, Human Rights Commission of 12/10/12, Safe Community Advisory Committee of 1/9, Sister City Relationships Advisory Commission of 1/9, Zoning Advisory Commission of 1/3, Zoning Board of Adjustment of 12/20/12, Proof of publication for City Council proceedings of 12/17/12 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Frank Ahlbach for vehicle damage, Amelia Brimeyer for personal injury, Richard Curiel Jr. for loss of property, Albert Hoist for personal injury, Roger Meyer for personal injury, Lisa and Chris Vogt for property damage Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims Frank Ahlbach for vehicle damage; Leroy Benson for vehicle damage; Amelia Brimeyer for personal injury, Richard Curiel, Jr. for loss of property, Albert Hoist for personal injury, Roger Meyer for personal injury Suggested Disposition: Receive and File; Concur 4.Appeal of Claim by Joseph Healey Joseph Healey, 2586 Crissy Drive, submitting a Letter of Appeal regarding denial of his claim against the City from December 7, 2012 for sewer line damage. Suggested Disposition: Receive and File; Refer to City Attorney Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 2 5. Human Rights Commission - Fiscal Year 2012 Annual Report City Manager transmitting the Human Rights Commission's Fiscal Year 2012 Annual Report. Suggested Disposition: Receive and File 6. Request for Proposals - Chaplain Schmitt Island Master Plan City Manager recommending approval of the Request for Proposal and planning process for the Chaplain Schmitt Island Master Plan. Suggested Disposition: Receive and File; Approve 7. Public, Educational and Government (PEG) Capital Expenditure Request City Manager recommending approval of the Cable TV Commission's request for up to $50,000 from the Public, Educational, and Government (PEG) Capital Grant on behalf of the local access community to insure the on -air playback operations at our four local access origination sites. Suggested Disposition: Receive and File; Approve 8. Workers' Compensation Settlement Agreement City Attorney recommending approval of an Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City by Jim Melloy. Suggested Disposition: Receive and File; Approve 9. Plat of Survey - Wild Rose Place No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey for Wild Rose Place No. 2 as requested by WMK Investment Properties, LLC. RESOLUTION / �' Approving the Plat of Survey of Wild Rose Place No. 2 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 3 10. Plat of Survey - 251 -253 W. 17th Street Zoning Advisory Commission recommending approving of the Plat of Survey for property located at 251 -253 W. 17th Street as requested by the City of Dubuque. RESOLUTION "107' Approving the Plat of Survey of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 in Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Iowa Economic Development Authority - CDBG Contract Amendments Correspondence from the Iowa Economic Development Authority advising the City of Amendment No. 2 to CDBG contract number 008 -DRH -212 (Caradco), which extends the contract date to March 31, 2013; and transmitting an executed copy of Amendment No. 3 to CDBG contract number 08- DRIFWP -203 (Watershed Management). Suggested Disposition: Receive and File 12. QuadGraphics Correspondence from Gregg Bolt, Executive Vice President of Human Resources and Administration for QuadGraphics, informing the City of plans to restructure certain operations at its facility located at 2470 Kerper Blvd. and the positions effected. Suggested Disposition: Receive and File 13. Revitalize Iowa's Sound Economy (RISE) - Grant Application City Manager recommending approval of a resolution endorsing a Revitalize Iowa's Sound Economy (RISE) grant application for a new street to serve approximately 78 acres of new industrial property located on the former South Siegert Farm. RESOLUTION /3 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of a new street in Dubuque Industrial Center South Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Civil Service Commission Civil Service Commission submitting the certified list for the position of Police Corporal. Suggested Disposition: Receive and File Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 4 15. Brunskill Street Place No. 1 ( City Manager recommending acceptance of the public sanitary sewer improvements that the developer, McDermott Brothers Construction, has recently completed in Brunskill Street Place No. 1 RESOLUTION 1 Accepting Public Improvements in Brunskill Street Place No. 1 Suggested Disposition: Receive and File; Adopt Resolution(s) 16. English Ridge Subdivision City Manager recommending acceptance of the public improvements, with the exception of the stormwater detention facilities, that the developer, English Ridge, LLC has recently completed in English Ridge Subdivision. RESOLUTION / Accepting public improvements in English Ridge Subdivision Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Loras Estates - Sanitary Sewer and Watermain Improvements City Manager recommending acceptance of the sanitary sewer and watermain improvements that the developers, Ronald L. and Janice M. Smith, have recently completed in Loras Estates. RESOLUTION / Accepting sanitary sewer and watermain improvements in Loras Estates Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Harvest View Estates - Vacate of Sanitary Sewer Easement City Manager recommending approval of a resolution acknowledging the vacation of the sanitary sewer easement in Harvest View Estates First Addition. RESOLUTION ,17 Acknowledging the vacation of a sanitary sewer easement in Lot 1 of Lot 1 of Lot 1 of the east half of the southwest quarter of Section 16, T89N, R2E of the Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 5 19.Seippel Road - Dedication of Right -of -Way City Manager recommending acceptance of a Quit Claim Deed for Seippel Road right -of -way from JLD Investments, LLC. RESOLUTION Accepting a conveyance of property Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Stipulation of Settlement - Property Tax Appeal City Attorney recommending approval of the Stipulation of Settlement for Kohl's Department Store, 2595 NW Arterial, property tax protest. Suggested Disposition: Receive and File; Approve 21. Dubuque Jaycees - Veterans' Memorial Park Lease City Manager recommending approval of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Suggested Disposition: Receive and File; Approve 22. North Fork Containment Wall Project City Manager recommending that the award for the North Fork Containment Wall Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 23.AmeriCorps 2013 -2014 Grant Application City Manager requesting approval to submit the 2013 -2014 AmeriCorps grant application. Suggested Disposition: Receive and File; Approve 24.Jeld -Wen, Inc. - Co- Generation Agreement City Attorney recommending approval of a Co- Generation Agreement between the City and Jeld- Wen, Inc. Suggested Disposition: Receive and File; Approve Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 6 25.Alcohol Compliance Civil Penalty for Alcohol License Holders - Beecher Beverage City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Beecher Beverage, 1691 Asbury Road. Suggested Disposition: Receive and File; Approve 26.Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Star #495 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Suggested Disposition: Receive and File; Approve 27.Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION 1 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 7 ITEMS TO BE SET FOR PUBLIC HEARING 1.Asbury Tank Reconditioning Project- February 4, 2013 2.Weaver Castle, LLC - Development Agreement - February 4, 2013 1.Asbury Tank Reconditioning Project City Manager recommending initiation of the bidding process for the Asbury Tank Reconditioning Project, and further recommends that a public hearing be set for February 4, 2013. RESOLUTION r. Preliminary approval of the specifications, form of contract, and estimated cost; set ng date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Asbury Tank Reconditioning Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/4/13 2.Weaver Castle, LLC - Development Agreement City Manager recommending that public hearing be set for February 4, 2013, to approve a Development Agreement with Weaver Castle, LLC to redevelop property located at 407 -409 Loras Boulevard. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Weaver Castle, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File: Adopt Resolution(s), Public Hearing 2/4/13 Yays Nays V Sutton p/,72- Braig 1 Buol J/ Connors V/ Jones 11// Lynch Resnick 8 BOARDS /COMMISSIONS Appointments to the following Boards /Commission to be made at this meeting: 1. Community Development Advisory Commission Two 3 -Year terms through February 1, 2016 (Expiring terms of Caldwell and Maloy) Applicants: Theresa M. Caldwell, 1633 Elm St. Paula Maloy, SVM, 2950 Kaufmann Ave. Yays Nays Sutton Braig VBuol Connors Jones Lynch Resnick 9 2. Safe Community Advisory Committee Nine 1 -Year terms through December 31, 2013 (Expiring terms of Allen, Bragg, Callahan, Cheatham, Daack, Ernst, Stillings, Stork, and Welch) Applicants: 1. Anthony Allen, 1725 Delhi St. 2. Mary Rae Bragg, 350 Kaufmann Ave. Apt 1 3. Ann Ernst, 899 Mt. Carmel Rd. 4. Shaunel Evans, 925 Rhomberg 5. Doug Stillings, 1255 Locust St. 6. Susan Stork, 2115 Golden Eagle Dr. 7. Christopher Welch, 164 Main St. Yays Nays Sutton Braig v" Buol V/ Connors Jones ,I2,---Lynch Resnick 10 (7 4244", 3. Sister City Relationship Advisory Commission Two 3 -Year Terms through February 1, 2016 (Expiring terms of Phillips and Thurn) Applicants: Betty J. Phillips, 3047 Kane Ct. Louise Thurn, 3037 Kaufmann Ave. Yays Nays Sutton Braig Buol 1/ Connors 1% Jones Lynch i/i72,7 Resnick 11 PUBLIC HEARINGS SUSPEND THE RULES Yays, Yays Nays j Sutton Sutton V Braig Braig V Buol Buol (1 Connors Connors Jones Jones Lynch Lynch , Resnick Resnick 1. Request to Rezone - 900 Seippel Road Proof of publication on notice of public hearing to consider a request by Joe and Linda Delaney / JLD Investments, LLC to rezone property located at 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) from CS Commercial Service and Wholesale District with conditions to AG Agricultural District and the Zoning Advisory Commission recommending approval. ORDINANCE /Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Seippel Road from CS Commercial Service and Wholesale District, with Conditions, to AG Agricultural District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Sutton , � Braig V Buol f%- Connors 1/ Jones // / Lynch t/ Resnick Final Reading and Adopt Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 441e/2-/ 12 2. Dubuque County Regional Smart Plan Proof of publication on notice of public hearing to consider adoption of the Dubuque County Regional Smart Plan and the City Manager recommending approval. RESOLUTION Adopting Dubuque County Regional Smart Plan Suggested Disposition- Receive and File; Adopt Resolution(s) 41/7;" Yaysl I / • 'Nays 1 Sutton Braig Buol Connors V/ Jones Lynch 172 Resnick iezzA, /0,7 02P /Z, .%& do i/t1Acv. 13 3. Rousselot, Inc. - Development Agreement Proof of Publication on notice of public hearing to consider approval of a Development Agreement with Rousselot, Inc., for a 9,000 square -foot expansion to its facility at 2350 Kerper Blvd. and the City Manager recommending approval. RESOLUTION Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the xecution of a Development Agreement relating thereto with Rousselot, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Braig 7 Buol Connors Jones Lynch Resnick REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays Sutton Braig Buol 17j Connors V Jones Lynch Resnick 14 ACTION ITEMS 1. Five Flags Center Annual Report Presentation Five Flags Center Manager Joyce White of SMG to make a presentation on the current fiscal year activities and future plans for the Five Flags Center. Suggested Disposition: Receive and File Yays Nays v7 Sutton Braig v Buol Connors Jones Lynch Resnick 4/at- ,Oea. 0/195thet (vMryte44 Z(z IOW& 4G11,77- ;#1 lelir,A0-- /77/°/;1/47R */-1' /?0 0,1(1vAtz-- 04‘i,kz /;ya- nve")//i/e /4126 i70//a(% ,,theitee/7/77// Rk# /2"*w/7 1,1-3 ix9e7 m/27/7wive,a/ Z1.04 .??1 64f 10 5, 15 nPefri5 iT) 2.Automatod Vehicle Location (AVL) System Presentation Street and Sewer Maintenance Supervisor John Klostermann to give a short presentation regarding the City of Dubuque's Automatic Vehicle Location (AVL) system equipment installed in the Public Works Department's snow and ice control trucks and heavy equipment. Suggested Disposition: Receive and File Yays Nays Sutton V Braig Buol 9/1 Connors i � Jones Lynch 2/ Resnick /</4/1 lefT) 140 46/./t. e()% ig400 7/p6)//ziwi 4-4 --4e/44 Ave1/040 441 pc/4(1-0/(110r 0-5// /1792,-0,4 /ion ,a2/1? /.ot 1"./- k)?2;0d* a/ /4? / 16 tic - Ap(Ai, &2-Ae 3. Rainbo Oil Lease Agreement- 16th Street Corridor City Manager recommending utilization of the attached proceedings (1) if a competitive proposal is submitted prior to the posted deadline; or, (2) if no competitive proposal is submitted, recommends approval of the resolution accepting the proposal submitted by Rainbo Oil Co. DBA Kwik Stop C- Stores. (1) RESOLUTION urban renewal offe Resolution with respect to compliance of proposals with terms of RESOLUTION Setting date of a meeting to consider acceptance of a proposal for redevelopment of a ortion of the Greater Downtown Urban Renewal District, and establishing rules for submitting amended proposals in advance thereof ✓ (2), RESOLUTION approving disposal of an interest in real property owned by the City of Dubuque by lease agreement with Rainbo Oil Co. DBA Kwik Stop C- Stores y� Suggested Disposition: Receive and File; Adopt Resolution(s) %Tp2��JG Yays; Nays Sutton ?// Braig Buol Connors Jones Lynch Resnick - d&.z) 4rfAie-#? "rilf"J 4//,2d,i7s- 1/3/A7 /6/77,2v .frPI *A1/66- 17 4.Warehouse Redevelopment - Parking Agreement Amendment City Manager recommending approval of the First Amendment to Purchase Agreement (Offer to Buy and Acceptance) between the City of Dubuque and Warehouse Redevelopment, LLC related to parking for the Caradco Project. RESOLUTIONS" Approving the First Amendment to an agreement for the purchase of real estate In the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the Alamo Site (Foundry Building Area) from Warehouse Redevelopment, LLC Suggested Disposition: Receive and File; Approve Yays Nays v , Sutton Braig Buol Connors Jones Lynch Resnick l/11/117 „C-M/k-pf7--//741 1-y",729/ �y /k,"<ie/02 ,/,://-1- 16- c� 6i�m'i 18 5. Request for Proposals - Indoor Aquatic Center Study City Manager recommending approval of a Request for Proposal for an Indoor Aquatic Center Study. Suggested Disposition: Receive and File; Approve Yays Nays l/ Sutton j% Braig V Buol l/ Connors Jones Lynch V Resnick 19 0 6.Smarter Sustainable Dubuque Pilot Project on Smarter Discards City Manager recommending approval of a Joint Development Agreement with IBM to test a Proof of Concept related to developing an Intelligent Discard Management module as part of IBM's Smarter City suite of software services. Suggested Disposition: Receive and File; Approve Yays Nays Sutton V Braig Buol 1/( Connors 1/ Jones Lynch 1Z 1 /f Resnick 6(16/4)4- s 'WI/47Y 0,0 1/1z7° - //16/ 20 7. Fiscal Year 2014 Budget Policy Guidelines City Manager recommending adoption of the Fiscal Year 2014 Budget Guidelines. Suggested Disposition: Receive and File; Approve Yays Nays Sutton P// Braig 1j Buol Connors Jones Lynch j/ Resnick 44(.1/#' ill4zedoA a/-/-6///0/ A//ize/ 20(A6f,, it)" OW Ak*,,diti M .0�iN'4/��iy� � � 101 ilf/d W) LAIVil '' d//7 /1 1 /1/ ‘f, . a*"4" )1) A /4,2P )7/NM— / /i� / . ari41A -mod ‘/"P/1&/17 10)/a/ ( . ,.77/*.elr - a' fssV/a-15CiG &aifi , i % �� 1/7 �n/ Oc�r� oz7 /< y11-,d773 - /k2/,,X4,/,')O,r _41_ 01), (9Z0- - fil/C 41 M OdG- t7d l 4627 fd i1,1� .1 de /41/,-&,/f:' t19111D7/74°' )(Pi - kn 40/0%/9/0 ,�r�� s�rj.uakruyd�L "tom/+ f h -,x�� „vvrr-ilK 171trf&, oehorn A 41/6 rAt /to ,/d 8. Every Child / Every Promise City Manager recommending setting a work session for March 4, 2013 at 5:30 p.m. regarding the progress made on Every Child / Every Promise objectives as requested by the Community Foundation of Greater Dubuque. Suggested Disposition: Receive and File; Council H44/%„....--// Yays Nays // Sutton Braig Buol Connors Jones Lynch Resnick 22 COUNCIL MEMBER REPORTS ij½' idehdia-A/Ai ✓,tG»O✓I 9a7 'a�2p z/z/d/ir A- &f�7� zn iuYzk/ f'/W/ #Afrifre- it/A -47i-7- v APIOVeflA pr �rqm- w�9/.�j� 9;2 4/ /v:3D PUB C INPU ADJOURNMENT: Yays Nays (./ Sutton t/ Braig 1% Buol Connors 1/J Jones 1j Lynch I/ Resnick 23 044z*i,(miA/4_ dt,w4 44' 4 ,?////27z/— e 07,,m 94/74_ (g°